North Dakota Construction Accident Attorneys
According to the U.S. Occupational Safety and Health Administration (OSHA), three of the ten most common safety violations occurred on construction sites in 2015. With lots of heavy machinery, unfinished areas, exposed wires, and moving parts, these sites can be incredibly dangerous if the untrained, the common pedestrian, or the unlucky.
Construction accident cases can be tricky as there can be many different parties involved. For instance, an accident could be the fault of the manufacturer, or improper training, or something else all together. Depending on the accident, employers need to investigate the circumstances of a worker’s injury before they can file a claim. Thus, you’ll want to consult a personal injury lawyer who has experience with construction accident cases.
Types of Construction Accident Claims
Construction cases can fall under a few different types depending on how the accident occurred. There are multiple routes that an injury claim can take, but your lawyer can help you decide what the best plan of action for your case is.
Workers’ compensation can be received when an employee is injured on the job. This process usually involves the injured party submitting a claim to their employer for coverage. The application is then accepted or denied and the compensation is distributed (or not). Technically, filing a claim for workers’ compensation usually means that the employee won’t be able to bring a lawsuit against their employer. However, injured workers can still sue a third party, like the manufacturer of the machinery.
A personal injury lawsuit could be filed if the worker can prove that a third-party caused the accident due to negligence. Depending on the circumstances, this would also apply if a non-construction worker injured themselves after wandering onto a construction site.
Workers could bring a lawsuit against the company or companies who played a role in the manufacturing of machinery that causes an injury due to malfunction or defect. For example, this could involve the manufacturers, distributors, retailers, and more.
If a death occurs on a construction site, the workers’ loved ones may be able to file a wrongful death claim on the workers’ behalf. You can file wrongful death and product liability claims simultaneously to maximize compensation.
Common Causes of Construction Accidents
There are many different things that can cause construction accidents. These accidents can occur on any type of construction site, like a new building site or a new parking lot. Construction site accidents can also occur at an oilfield.
The leading causes of construction site accidents include:
- Insufficient training
- Poor safety precautions
- Crane accidents
- Collapsed structures
- Mechanical hazards
- Misuse of tools
- Electric accidents
- Slips and falls
- Defective equipment
- And more
Liability in Construction Accident Injury Cases
Because there are so many different types of accidents and claims that can be filed, there are also many different parties that can be liable for a construction site accident. Determining who exactly is at-fault for the accident may take some investigation, but here are some of the most common liable parties.
Construction Site Owners
Construction site owners have control over what exactly occurs on a construction site, and because of this they can be liable when something goes wrong. They can be liable for an accident if it occurs on their watch and could have been prevented.
General and Subcontractors
General and subcontractors both have a duty to provide workers with safe working conditions. They ensure that the workplace is operating safely and that any hazards have been taken care of. However, if they fail to perform these duties, it’s possible that they could be liable for the accident that occurred.
Prime contractors are usually responsible for multiple people under them, and they are only responsible for the work outlined in their contracts. They’re also responsible for any work they delegate to subcontractors below them. If a subcontractor is liable, it’s possible for the prime contractor to be liable as well.
Architects and Engineers
Architects and engineers usually aren’t the liable party when it comes to these types of cases, but it is possible. For instance, if something in their design is the cause of an accident, or they haven’t been properly observing progress, they could be liable.
Manufacturers can be liable especially if the accident resulted from defective products or unsafe products. If an accident occurs involving a piece of equipment, the equipment can be investigated to see if it was defective or not. Manufacturers can be liable if the product was defective or somehow caused the accident.
Contacting a North Dakota Construction Accident Attorney
Hire an experienced attorney to help you navigate the many moving parts involved with your construction accident case. The lawyers at Sand Law have years of experience working with insurance companies and multiple parties and are happy to help you with your case. If you’re located in North Dakota and have recently been injured in a construction accident, contact us online or at 701-609-1510 for more information.
Offices in Watford City, Williston, Bismarck, and Minot
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